Chapter 0288

Chapter 288 Oregon Laws 2001

AN ACT

SB 291

Relating to private security service providers; creating new provisions; and amending ORS 181.875, 181.876 and 181.883.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 181.875 is amended to read:

181.875. An applicant for certification as a private security officer: [or licensure as a proprietary security manager or security contractor:]

(1) Must be: [at least 18 years of age;]

(a) At least 18 years of age, if an applicant for certification as an unarmed private security officer; or

(b) At least 21 years of age, if an applicant for certification as an armed private security officer;

(2) Must have satisfactorily completed the training requirements as specified in ORS 181.883; and

(3) Must not:

(a) Have been convicted of a person felony, as defined in the rules of the Oregon Criminal Justice Commission, in this or any other jurisdiction;

(b) Within the 10-year period prior to applying for certification or licensure, have been:

(A) Incarcerated, placed on probation or paroled as the result of conviction of any felony, other than those described in paragraph (a) of this subsection, in this or any other jurisdiction;

(B) Convicted of violating ORS 162.075, 162.085, 163.415, 163.435, 163.672 (1993 Edition), 163.673 (1993 Edition), 163.677 (1993 Edition), 163.680 (1993 Edition), 167.007, 167.062, 167.065, 167.070, 167.075, 167.080 or 167.087 or an equivalent crime in another jurisdiction; or

(C) Convicted of [violating any law of] any felony or misdemeanor in this or another jurisdiction involving the unlawful use, possession, delivery or manufacture of a controlled substance;

(c) Within a time period prior to applying for certification or licensure as established by rule by the Board on Public Safety Standards and Training, have been convicted of a misdemeanor determined by the board to bear such a relationship to the performance of security services as to constitute a disqualification for certification or licensure under ORS 181.878; or

(d) Be required to register or be registered as a sex offender under ORS 181.595, 181.596 or 181.597.

SECTION 2. Section 3 of this 2001 Act is added to and made a part of ORS 181.870 to 181.889.

SECTION 3. An applicant for licensure as a proprietary security manager or security contractor must meet the qualifications set forth in ORS 181.875.

SECTION 4. ORS 181.876 is amended to read:

181.876. (1) An applicant for certification as a private security officer shall submit an application to the Department of Public Safety Standards and Training. The application must be in writing under oath to the department:

(a) Stating the applicant’s:

(A) Name;

(B) Birthdate;

(D) Physical description;

(E) Current residence;

(F) Residence for the preceding 10 years;

(G) Current employment; and

(H) Employment for the preceding 10 years;

(b) Including a statement that the applicant has not been:

(A) Convicted of a person felony in this or any other jurisdiction;

(B) Within the 10-year period prior to applying for certification:

(i) Incarcerated, placed on probation or paroled as the result of conviction of a felony, other than those described in subparagraph (A) of this paragraph, in this or any other jurisdiction;

(ii) Convicted of violating ORS 162.075, 162.085, 163.415, 163.435, 163.672 (1993 Edition), 163.673 (1993 Edition), 163.677 (1993 Edition), 163.680 (1993 Edition), 167.007, 167.062, 167.065, 167.070, 167.075, 167.080 or 167.087 or an equivalent crime in another jurisdiction; or

(iii) Convicted of [violating any law of] any felony or misdemeanor in this or another jurisdiction involving the unlawful use, possession, delivery or manufacture of a controlled substance; or

(C) Within the time period established under ORS 181.875 (3)(c), convicted of a misdemeanor determined under ORS 181.875 (3)(c);

(c) Including a statement that the applicant is not required to register or be registered as a sex offender under ORS 181.595, 181.596 or 181.597;

(d) Including a statement affirming the truth of all information contained in the application; and

(e) Including such other information as required by the board.

(2) The application must be accompanied by:

(a) Written verification from the providers of the training of satisfactory completion of the training required by ORS 181.883; and

(b) Character references from at least three reputable citizens, each of whom has known the applicant for at least five years preceding the application and none of whom are related to the applicant by blood or marriage.

SECTION 5. ORS 181.883 is amended to read:

181.883. (1) The training requirements for certification as an unarmed private security officer are:

(a) Eight hours of basic classroom instruction including, but not limited to:

(A) The legal powers and limitations of a private security officer including, but not limited to, the laws regarding arrest, search and seizure and the appropriate use of force;

(B) Fire detection and reporting and safety issues;

(D) The techniques of observing and reporting incidents and how to prepare an incident report;

(E) The fundamentals of patrolling; and

(F) Deportment and ethics;

(b) Successful completion of a written examination covering the classroom materials described in paragraph (a)(A) to (E) of this subsection; and

(2) The training requirements for certification as an armed private security officer are:

(a) The requirements in subsection (1) of this section;

(b) Fifteen hours of weapons instruction and successful completion of a written examination covering:

(A) The legal limitations on the use of weapons;

(B) Weapons handling; and

(c) A minimum marksmanship qualification score of 70 percent on a firearms qualification course and target designated by the Department of Public Safety Standards and Training.

(3) In addition to the basic requirements set out in subsections (1) and (2) of this section:

(a) Persons certified as unarmed or armed private security officers [annually] biennially shall complete a four-hour refresher course on the subjects listed in subsection (1)(a) of this section; and

(b) Persons certified as armed private security officers annually shall complete:[, in addition to the four-hour refresher course required by paragraph (a) of this subsection:]

(A) A refresher course in the subjects listed in subsection (2)(b) of this section; and

(B) Requalification in the use of firearms as provided in subsection (2)(c) of this section.

(4)(a) A person may challenge the eight-hour basic classroom instruction component of the training requirements as described in subsection (1)(a) of this section if the person:

(A) Has two or more years of experience in the field of law enforcement, military police or private security; or

(B) Has received any private security or law enforcement training.

(b) The person may challenge the eight-hour basic classroom instruction component only once. To successfully challenge the classroom instruction component, the person must successfully complete the written examination and assessment required by the rules of the department and administered by a certified private security instructor. If the person fails to obtain a passing score on the written examination, the person is required to attend the eight-hour basic classroom instruction component of the training and pass the written examination.

(A) Is required to successfully complete [applicable state certified on-the-job training] the assessment module; and

(B) Must be given a private security student workbook that contains the curriculum of the basic classroom instruction component to serve as a resource for the person.

(d) This subsection is intended to recognize formal education and work experience.

(5) As used in this section, “assessment module” means a four-hour curriculum given to armed and unarmed private security officers that includes but is not limited to demonstration of task-related skills learned in the eight-hour basic classroom instruction as applied to hypothetical situations.

Approved by the Governor June 4, 2001

Filed in the office of Secretary of State June 4, 2001

Effective date January 1, 2002

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